X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appellant Christopher Lee Duvall pleaded guilty to aggravated kidnapping and aggravated assault. See Tex. Pen. Code Ann. �� 20.04, 22.02 (West 1994 & Supp. 2001). After accepting the pleas and receiving evidence relevant to punishment, the district court adjudged appellant guilty of both offenses and sentenced him to imprisonment for twelve years in both causes. Appellant now urges that these convictions violate the constitutional guarantee against double jeopardy, that the court considered improper evidence in assessing punishment, and that his trial counsel was ineffective. We will overrule these contentions and affirm.

Appellant, a seventeen-year-old high school student at the time of the offenses, dated the complainant for about one year. On the night in question, appellant called the complainant and asked her to come to his house to talk. She agreed to do so. When the complainant arrived, appellant took her to his room, locked the door, and turned up the volume on his radio. Appellant, enraged because the complainant had been friendly with another boy, pushed the complainant’s face with the palm of his hand with sufficient force to break her nose. The complainant fell onto appellant’s bed, where appellant straddled her and held a knife to her throat. He also burned her arm and stomach with a cigarette lighter, and choked her until she became dizzy. Appellant placed a paint ball pistol in the complainant’s mouth and “acted like he was going to shoot it.” When the complainant attempted to flee, appellant seized her and began to beat her with a leather belt. The complainant testified, “And then he told me it wasn’t hurting bad enough because he wasn’t using the metal part so then he started using the buckle and started hitting me like on my arms and on my legs.” By this time, the complainant was on the floor, where appellant kicked her and struck her with his fists. Appellant finally permitted the complainant to leave his room and he walked her outside. There, he struck her three more times, causing her to fall to the ground.

The entire episode lasted just under an hour. Appellant’s parents were at home while appellant assaulted the complainant in his room. Appellant’s father twice came to the door and said “to be quiet, we needed to quit arguing. And [appellant] told him to go away so he did.”

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›